Order unanimously modified on the law and as modified affirmed without costs in accordance with following Memorandum: Supreme Court properly permitted plaintiff to amend the complaint to state causes of action for breach of contract and unjust enrichment. The court erred, however, in granting plaintiff leave to amend the complaint to assert causes of action for rescission, fraud and punitive damages. "It is incumbent upon one seeking leave to amend a pleading to make an evidentiary...
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